The Kathleen M. Rotz Lung Cancer Research Fund
2nd Annual Believe in the Magic of Santa

Terms of Service

GENERAL
believeinthelungs.com web service (the "Service") is owned and operated by The KATHLEEN M. ROTZ Lung Cancer Research Fund ("KMRLCRF"). The Service and its contents are protected by domestic and international copyright, trademark and other intellectual property laws. Users of the Service (the "Users") may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Service, including code and software. Users may download material from the Service for personal, non-commercial use only, provided Users keep intact all copyright and other proprietary notices. Users, by the use of this Service accept and are bound by the Terms of Service.

As part of the Service, KMRLCRF agrees to provide Users with information and other computer services subject to these Terms of Service. Users agree to use the Service in accordance with these Terms. Due to the nature of the World Wide Web, KMRLCRF may need to periodically change these Terms of Service. If so, the revised Terms of Service will be posted to the web site. By continuing to use KMRLCRF after any such changes are posted, Users accept the Terms of Service, as modified.


LICENSE TO THE KATHLEEN M. ROTZ LUNG CANCER RESEARCH FUND
When Users post a message, upload a file or otherwise provide KMRLCRF with material for display on the web site, Users are granting KMRLCRF a royalty-free, perpetual, non-exclusive, unrestricted world wide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform or display any such communication; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.


PRIVACY
Unless Users inform KMRLCRF otherwise, KMRLCRF reserves the right to use and to disclose to third-party vendors user information for purposes such as providing Users with information about products and services. For Users to have their information not disclosed to third-party vendors, Users must notify KMRLCRF via e-mail or letter requesting to be taken off any lists of information that may be used for these purposes or given or sold to third party vendors.


DISCLAIMERS
This Service includes links that will allow you to navigate KMRLCRF's site and to leave KMRLCRF's site to access information provided by third-parties, not under the control of KMRLCRF. The linked sites and third-party information are not under the control of KMRLCRF and KMRLCRF is not responsible for the contents of any linked site, any link contained in any linked site, or any changes or updates to such site and third-party information provided to KMRLCRF. KMRLCRF is providing these links only as a convenience and the inclusion of any link does not imply endorsement of KMRLCRF, the companies and organizations listed on this page, other than those indicated on their own web site. KMRLCRF shall not incur any liability by listing the information. The materials available on this site including, but not limited to editorial content, software, and the third-party sites are provided "as is" and to the fullest extent permissible pursuant to applicable law. KMRLCRF disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. KMRLCRF does not warrant that this web site or any third-party sites will be uninterrupted or error-free, that defects will be corrected, or that this site, including the servers that make it available, are free of viruses or other harmful components.


ON-LINE COMMERCE
This site may allow a user to purchase different types of products and services that are provided either by KMRLCRF or third-parties. KMRLCRF is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If Users make a purchase from a merchant hosted by KMRLCRF, or linked to KMRLCRF, the information obtained during the Users' visit to that merchant's web site, and the information given, including, but not limited to, credit card numbers and contact information, is collected by the merchant and not by KMRLCRF. These merchants may have separate privacy and data collection practices. KMRLCRF has no responsibility or liability for these independent policies. Users release KMRLCRF and its affiliates from any damages that may be incurred, and agree not to assert any claims against KMRLCRF, arising from the Users' purchase or use of any products or services made available by KMRLCRF or third-parties through the Service. In any event, damages are limited to refund or replacement on products and services purchased directly from KMRLCRF through the Service.


COMPANY DIRECTORIES
The information contained in the Company Directories is provided for look-up purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided "as is" without warranty of any kind. In no event will KMRLCRF or its suppliers be liable in any way with regard to such information.


INTERACTIVE REGISTRATION
To use certain features of the Service, Users must register with KMRLCRF on the form provided (hereinafter "Registered Users"). Registered Users agree: (1) to provide true, accurate, current and complete information as prompted by the Service's registration form; and (2) to maintain and promptly update the information provided to keep it true, accurate, current and complete. By becoming Registered Users, Users accept and are bound by the Terms of Service.

If KMRLCRF has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, KMRLCRF reserves the right to suspend or terminate the Registered Users' account and refuse any and all current or future use of the Service. KMRLCRF's use of any personally identifying information provided by the Users is governed by the terms of the Privacy Policy.


PASSWORDS
To use certain features of the Service, Registered Users may need a user name and password, which Registered Users will receive through the Service's registration process. Registered Users are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under the Registered Users' password or account. Registered Users agree to notify us immediately of any unauthorized use of the password or account or any other breach of security, and to insure that the Registered Users exit from their account at the end of each session. KMRLCRF will not be liable for any loss or damages arising from the Registered Users' failure to protect their password or account information.


LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall KMRLCRF, its subsidiaries and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, KMRLCRF's materials, products or services, or third-party materials, products or services made available through KMRLCRF. Users specifically acknowledge and agree that KMRLCRF is not liable for any defamatory, offensive or illegal conduct of any user. If the Users are dissatisfied with any KMRLCRF materials, products or services or with any of KMRLCRF's terms and conditions, the Users' sole and exclusive remedy is to discontinue using the Service.


TERMINATION
KMRLCRF may cancel or terminate the Users' and/or Registered Users' right to use the Service or any part of the Service at any time without notice. In the event of termination, Users are no longer authorized to access the part of the Service affected by such cancellation or termination. The restrictions imposed upon the Users with respect to material downloaded from the Service, and the disclaimers and limitations of liabilities set forth in these Terms of Service shall survive.


OTHER
This agreement shall be governed by the laws of the Commonwealth of Pennsylvania without regard to any rule of construction or interpretation relating to which party prepared these Terms of Service without giving effect to any principles or conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This agreement constitutes the entire agreement between KMRLCRF and the Users with respect to the subject mater contained in this agreement and supercedes all previous and contemporaneous agreements, proposals and communications, written or oral. Users may also be subject to additional terms and conditions that may apply when the Users use the products or services of a third-party that are provided through the Service. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service shall govern.